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The counsellor's Couch
Lessons from Dating: How to Set the Right Mood in the Courtroom | Top of page
By Karine Langley, Ph.D.
(613) 523-8740
klangley@accidentaljurist.ca
Any lothario will tell you there cannot be romance without the right mood. Details like candles, choice of restaurant and music are essentials for any romantic evening. A similar task awaits defence counsel when he/she seeks to transform the mood of the sentencing court from one of punishment to that of therapy. Here are several suggestions:
- The candles: Set the mood. Have expert witnesses like counselors, social workers, doctors or psychologists take the stand and speak about your client’s problems. Courtrooms are used to hearing a series of complaints and often focus on the wrong that has been done. By using expert witnesses in this way, you will shift the mood away from a negative emphasis on the evils of your client towards a positive solution-oriented atmosphere that is helpful to your client. In this first step, you have alerted the court to a problem, and they will be waiting to hear a solution.
- The right music: Witnesses. Once an expert has identified a problem, nothing brings it home more than having your client take the stand and admit to it. Co-workers, colleagues and spouses can also be invaluable in supporting this fact. Now the courtroom is tuned specifically to your client and anxious to find the solution.
- The meal: The Solution. The solution is provided in terms of a specific plan of action to address your client’s problem that was so carefully outlined in the previous two steps. Details are very important. If your client needs counseling, have the names of the service providers available, set appointments for your client and have letters from the service providers to that effect. The more information you can provide to the Court about the solution to your client’s problem the better it is. If your client needs substance abuse or anger management therapy, hire someone to do an assessment and present the results to the Court along with the dates and places of available treatment. You have prepared the Court to listen for a solution, and you must deliver one. In the same way that a terrible meal can spoil the mood of your evening, a poorly thought out plan can quickly sour the positive mood that you are trying to create to help your client.
- The next date: Follow up. However comprehensive a plan is, there will always be problems. It is important to include contingency plans. What if the services are not suitable? What if the client decides to leave the treatment program? Who will follow the up? Who will be accountable?
These are a few tips to ensure a successful mood change in the Court. In my next articles I will focus more on what the solution or the plan should consist of.
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